특정범죄가중처벌등에관한법률위반(절도)등
A defendant shall be punished by imprisonment for not less than one year and six months.
Punishment of the crime
On March 30, 2005, the Defendant is sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on June 29, 2007; imprisonment with prison labor for eight months in the Changwon District Court on September 25, 2008; imprisonment with prison labor for larceny, etc. at night, six months in the same court on September 25, 2008; imprisonment with prison labor for one year and six months in the same court on January 21, 201; and imprisonment with prison labor for one year and six months in the same court on January 21, 201, and has six same kinds of power at the deep detention house on June 12, 2012.
1. On July 23, 2013, the Defendant: (a) around 02:00 on the backway of “Masan Medical Center” located in 4, Dong-dong, Masan-dong, Changwon-dong, Changwon-gu, Masan-si; (b) discovered the victim’s Dam5 car parked in that place; (c) broken the back of the driver’s seat back by putting the stones located in the vicinity, thereby destroying the victim’s property worth KRW 200,000 at the market price owned by the victim.
2. The Defendant: (a) by putting his hand over at the above date, at the above time, and at a place of glass, brought about a single 170,000 won or more at the victim’s market price on the rear seat of the said car, and stolen the said KRW 1,000 in cash, and habitually stolen the said amount.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Previous convictions in judgment: Criminal records and current status of personal identification and confinement;
1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 366 of the Criminal Act concerning the crime (the point of causing damage to property and the choice of imprisonment)
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] types 1 of habitual larceny (general habitual larceny and repeated crime).